The Association of U S West Retirees



Case could shift Nacchio appellate strategy
By Jeff Smith
Rocky Mountain News
Tuesday, March 6, 2007

Former WorldCom Chairman Bernie Ebbers' unsuccessful appeal gives a glimpse into what may or may not work as an appellate strategy should former Qwest CEO Joe Nacchio be convicted of insider-trading charges.  Ebbers' attorneys failed in their argument that the trial judge improperly allowed prosecutors to use testimony from witnesses who had received immunity in the Nacchio insider-trading case, scheduled to go to trial March 19 in Denver, potentially key prosecution witnesses were granted immunity.

Nacchio's attorneys are expected to have other appellate strategies in mind, should they be needed.  His attorneys, for example, have indicated they may argue at trial that Nacchio possessed classified information that caused him to be optimistic about Qwest's business prospects.

Legal experts have said that a national-security defense could set up an appeal on ground that Nacchio didn't get a fair trial because certain classified evidence wasn't allowed to be admitted at trial.  Judge Edward Nottingham already has ruled that some of the classified information is irrelevant to the case.,2777,DRMN_23910_5396894,00.html